Friends problem

[Scott]

Backgound:
He got a set of wheels in a massive trade involving three different people that he didn't need to get some other parts he wanted (miata sub-frame being one thing). He sold the wheels and the purchaser is not happy. The seller described them to the best of his ability and noted to the buyer that a couple had some curb rash. The buyer was ok with this because he was going to use them as track wheels. He met the buyer and the buyer noted that one looked like it had a dent in it, but took them anyway. A week after the purchaser picked up the wheels he called and said that not only is one wheel a little bent, but there are the wrong bolt pattern. My friend is by no means a "carguy" and described them to the best of his ability, and they where even marked with what he thought was the correct bolt pattern. Now the buyer is demanding his money back plus an outragous amount to ship them back (when he bought them, my buddy met him halfway, it's a 5+ hour drive between them). What should he do? What is his legal obligation?


I told him he should work out some sort of agreement so both are kinda happy if it is possible. He keeps saying that the guy saw them in person and bought them, so it's sorta too bad for him (that comment is very out of character for him, he is really upset by the buyers threatening emails).

What would you do?

[PGK]

I feel like private-party sales are always 'buyer beware', no express or implied warranty, and all sales final.

[Ginger]

I tend to agree with Phil. I hesitated to respond, though, because the seller advertised the wrong bolt pattern... that kind of puts a kink in things, it seems.

[Jeff]

I would tell the buyer he was sorry for the misunderstanding but it was his error just as much as the seller's that they are in this place. If you can't spot the wrong bolt pattern on a wheel you deserve what you get. As for the bend, if it was advised ahead of time then that is not the sellers problem now. I would tell the seller to tell the buyer that this transaction is over and that all the obligations of the various parties were met when the item changed hands. Tell the guy he is sorry but he cannot help him further and he should make an effor to sell the wheels and try to make some money.

[JustinG]

The guy got to see them in person before he purchased them. IMO, his problem now. He could have measured to verify the bolt pattern, and the fact that a wheel was bent, just by looking you could never know.

The buyers problem now, i would just send a polite email saying sorry but deal with it. This transaction is done.

[Evan]

no one here could tell the difference between 4x100 and 4x114. It should be printed on the rim but not always, so your friend does get the blame for false advertising.
the condition of the rims are the buyers responsibility to verify.
ultimately I think he should offer to give the guy his money back but shipped at the buyers expense

[Dave]

Buyer was made aware of damage and should have taken note of that upon delivery.
Depending on the wording of the advertisement in terms of fitment, he could get by with the bolt pattern too, but I'd really like to see that ad before I say he needs to take them back.
If he does have to take them back, it cost ~$30/wheel (w/ tire) to ship UPS to Alabama, so maybe he can work something out.